Allowed

Bhimrao Pandhari Mithpalle v. the State of Mah and Anr.

Bombay HC16 Nov 2012APPLN/5098/2012

Case brief

AI extract

What is this about?

Sole Justice M.T. Joshi granted anticipatory bail to applicant Bhimrao S/o Pandhari Mithpalle apprehending arrest for cheating and forgery offences, directing release upon executing a personal bond of Rs. 20,000 and furnishing an equal surety.

What did the court decide?

Release on bail upon execution of a personal bond of Rs. 20,000 and furnishing additional surety of Rs. 20,000.

Bhimrao Pandhari Mithpalle Vs the State of Mah and Anr. — Cheating and Forgery | Bombay HC (2012)

¶1

1 Cri.Appln.5098-2012

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FARAD CONTINUATION SHEET No.

¶3

CRIMINAL APPLICATION NO. 5098 OF 2012 (Bhimrao S/o Pandhari Mithpalle VS The State of Maharashtra and anr.)

¶4

Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders

¶5

Court's or Judge's Orders

¶6

Mr. R.K. Ashtekar, Advocate for the Applicant Mr. P.P. More, A.P.P. for the respondent-State

¶7

CORAM : M.T. JOSHI, J. DATED : 16.11.2012

¶8

P.C.:-

¶9

Heard both sides.

¶10

The present applicant who is apprehending arrest at the hands of Shivajinagar Police Station, Latur in crime no. 173 of 2012 for the offences punishable under section 420,406,468,471 of the Indian Penal Code, is praying for his release on anticipatory bail, in the event of his arrest. The allegations against him are that he has sold the agricultural property by laying plots to various purchasers though the said land was already mortgaged to the complaint-Cooperative Bank.

¶11

Admittedly, the photocopy of the document collected by the Investigating Officer shows that at the time of sale of those plots, the certified copy of the 7/12 extract was annexed, wherein the encumbrance of the co-operative bank is already shown.

¶12

2 Cri.Appln.5098-2012

¶13

The learned A.P.P. however submits that the statement of those purchaser would show that they were not told that the land was encumbered by mortgaging with the said complainant-bank.

¶14

Taking into consideration all these facts, the custodial interrogation of the present applicant is not required.

¶15

In the circumstances, the following order :-

¶16

I) In the event of arrest of the applicant in crime no. 173 of 2012 of Shivajinagar Police Station, Latur, for the offences punishable under section 420,406,468,471 of the Indian Penal Code, he shall be released on bail, upon his execution of P.R. bond in the sum of Rs.20,000/- and also upon furnishing of surety in the like sum. The applicant shall attend the I.O., as and when reasonably called by him for a period of eight (8) weeks.

¶17

Application disposed of accordingly.

¶18

Authentic copy of this order be provided to the learned counsel for the parties, on their request.

¶19

Sd/-

¶20

[M. T. JOSHI] VACATION JUDGE

¶21

arp

Bhimrao Pandhari Mithpalle v. the State of Mah and Anr.

Case brief

What is this about?

What did the court decide?

Bhimrao Pandhari Mithpalle v. the State of Mah and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Saraswati Dairy by Its Proprietor Dipak Chotiram Tekwani Vs the State of Mah and Ors.

Nandu Ananda Bhosale Vs the State of Mah

Pandurang Digambar Bhagnure Vs the State of Mah

Shabanabi Shaikh Sadiq Vs Shaikh Sadik Shaikh Rahim and Ors.

Padmavati Gramin Bigar Sheti Path Sanstha, Bhorwadi Thr Designated Person Vs Ansahbapu Bansi Ambekar and Anr.

Shrawan Adhar Dhangar and Anr. Vs State of Mah